Localmind Privacy Policy

Scope

Localmind, Corp. (“we”/“us”) is committed to protecting your privacy. We make our website, www.localmind.com (the “Website”) and the Localmind mobile app (the “Localmind App”) available to you as your source for asking real-time question and starting conversations with users in other locations (the “LocalMindService”). This Privacy Policy describes how we collect, store, use and distribute information through the Website, the Localmind App and more generally through the Localmind Service (collectively “the Services”).

Consent

By using the Services, you consent to the use of your Personal Information as described in this Privacy Policy. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. We will not actively collect Personal Information for the purpose of sale or marketing in a way that specifically identifies the individual. In other words, we don’t sell customer lists. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using some or all of the services.

Please note that your use of the Services are also governed by our Terms of Use which can be read at any time by clicking here: http://www.localmind.com/legal/terms.

Collection of Information

We use Personal Information (defined below) to communicate with you as part of the Localmind experience, to personalize your experience, and to allow you to use the Services as a whole. More specifically, we aim to collect, use and disclose only such information as is required to enable us to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, for service improvement, to target advertisements, and to address issues like malicious use of the Services. Except for your first name and the first initial of your surname, we will maintain the confidentiality of any contact information you provide to us on registering with the Website or the Localmind App and will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.

Two types of information may be collected through the Services: Personal Information and Non-Personal Information. This Privacy Policy does not extend to the collection, use or disclosure of the following information which is currently not limited by applicable privacy laws: (a) information that is publicly available, such as names, addresses, telephone numbers and electronic address when listed in a directory or made available through directory assistance; or (b) Non-Personal Information (as defined further below).

"Personal Information" is personally identifiable information, such as your name, address, e-mail address, phone number, credit car number, birth date and gender. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website or be able to access and use the Website at all. In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website.

We may collect Personal Information through the Services, when you initially sign up or when you update your account settings. In addition, we may collect information from 3rd party services you specifically give Localmind access to (eg. Foursquare, Gowalla, Facebook), which includes such information as your friends names, your friends’ email addresses, your friends’ phone numbers, and your friends’ check-in locations. See further “Your Friends” below.

"Non-Personal Information" is information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the Website, and the type and version of browser or operating system being used by visitors to the website. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, and average time spent on the Website. Business contact information such as the name, title, business address, e-mail address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.

Although the use of certain Non-Personal Information collected, used or disclosed through the Internet as described herein is not restricted (and to the extent that such is the case, the obligations under this Privacy Policy do not apply to such information), we provide information in this Privacy Policy about the collection of such information for the sake of transparency with respect to the operation of the Website. Such Non-Personal Information is collected or derived by us in the course of operating this Website. For example, our web servers may automatically collect Non-Personal Information that is provided through your browser or stored in a cookie when you choose to visit the Website.

Use of Information

We collect information for the following purposes:

  • Registration: In order to use Localmind, either as an asker of questions or as a receiver of questions, you must create an account for the Localmind Service through the Website or the Localmind App. To create an account you are required to provide certain information, such as your name and email address. You will also be asked to grant access to an existing third party social media service (i.e. Foursquare, Gowalla, Facebook, Twitter) which we use as an authentication method. During the registration process, you will be given an opportunity to provide certain optional information. This optional information will be used in and may be displayed as part of your account profile. When this information is collected, the information that is mandatory and the information that is optional will be clearly identified. You will also be told which information will be maintained in confidence and which information may be disclosed as part of your member profile.

  • 3rd Party Data: If we are granted access to 3rd party location-based services such as Foursquare, Gowalla, Facebook, Twitter etc., we will use data provided by those 3rd party services to capture your “check-ins”, to pre-populate your initial registration information, to discover your friends, and to allow you to share your activity through those services. This access can be revoked at any time, however it is a core feature of Localmind and Localmind requires access to at least one such service to authenticate your account. If you do not have such an account, you cannot currently use the Localmind Service.

  • Your Friends: When you register with us, Localmind we may have access to listings of your friends, including their names, email addresses and telephone numbers either through your address book or from the 3rd party services you have signed up through. We will use that information to inform you of which of your friends are also using Localmind, to inform those users who are your friends that you are also using the Localmind Service, and to allow you to invite your friends to Localmind. For greater clarity we will not market to or contact your friends without your consent unless they are also users of the Localmind Service.

  • Transactional Notifications: We also provide notifications for the activities you engage in through the Services such as asking questions, answering questions, receiving a follow up message, leveling-up, or other activities that pertain to your account. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Service or Privacy Policy.

  • SMS Notifications: If enabled, we may notify you of Localmind questions, that other users of the service send, over SMS. This will be sent to the phone number you supplied when you signed up or updated in your account settings. This SMS contains the exact question that a fellow user sent. We also allow you to send questions to your friends who may not already be users of Localmind, in which case they will receive an SMS with your question. Their phone number is public to you as a friend of this user.

  • Statistics: we also collect statistics about what actions users take when using the Services. Aggregate statistics that do not personally identify an individual will be kept by us and may be made available to other members or third parties.

  • System Logs & Cookies Cookies are used by us to track content usage and traffic on the Website. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server. The Website uses cookies to help it compile aggregate statistics about usage of this website, such as how many users visit the Website, how long users spend viewing the Website, and what pages are viewed most often. This information is used to improve the content of the Website, for ad selection and in noting user trends. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website. We do not link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Website.

    Your IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your registration information on our databases. We use this to:

    • Diagnose problems and any issues reported by other users that are related to the IP addresses controlled by specific parties
    • Gauge how many users are visiting the Website from different geographical regions and using the Services.
    • Trace back the source of any malicious or illegal use of the Services so that we can more easily track and disable such usage as it arises.
  • Advertisements: Advertisements appearing on this Website and Localmind App may be delivered to visitors or members by us or one or more third-party web advertisers. These third party web advertisers may set cookies. These cookies allow the advertisement server operated by that third party to recognize your computer each time they send you an online advertisement. Accordingly, advertisement servers may compile information about where or whether you viewed their advertisements and which advertisements you clicked on. This information allows web advertisers to deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy applies to cookies placed on your computer by us, but does not cover the use of cookies by any third-party web advertisers. For the privacy practices of such third-party web advertisers, you should consult the applicable privacy policy for the relevant third-party web advertiser(s).

  • Web Beacons: Some pages on the Website and the Localmind App may contain electronic images known as web beacons. A Web beacon is a graphic image, often no larger than 1 pixel x 1 pixel, that is placed on a website and used to monitor the behavior of users visiting the website. When the html code for a web beacon points to a website that is to be used to retrieve a message, then, as part of this retrieval process, information such as the IP address of the computer that retrieved the image, the time the web beacon was viewed and for how long, the type of browser that was used to retrieve the image and previously set cookie values may be passed along to that website. We use web beacons to target advertisements, provide aggregated reports for advertisers, to count users who have visited those pages or to deliver co-branded services. Web beacons are not used to access Personal Information; they are a technique used to compile aggregated statistics about the website. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. For the privacy practices of third-party web advertisers in respect to web beacons or any cookies that such third party advertisers may place on your computer, you should consult the applicable privacy policy for that third-party web advertiser.

  • Content: We may distribute your reviews and other content posted on the Website to third parties, as permitted pursuant to our Terms of Service. You understand that your comments may identify you and/or link back to your account on the Website.

If we plan to use your Personal Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

Disclosures & Transfers

We have put in place contractual and other organizational safeguards with our agents (see further below) to ensure a proper level of protection of your Personal Information (see further Security below). In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further Important Exceptions below).

As at the date of this Privacy Policy, we share Personal Information about you in respect of the Website and Localmind App with our business partners. Our servers are also located in third party datacenters in the USA and accordingly your Personal Information may be available to the United States government or its agencies under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.

Our business partners may include:

  • Software developers
  • Hardware vendors
  • Advertising networks
  • Payment processors
  • Analytics services

From time to time we may employ third parties to help us improve the Services. These third parties may have limited access to databases of user information or registered member information solely for the purpose of helping us to improve the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.

Important Exceptions

We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website members, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.

We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

External Parties and Sites

Through the Website and Localmind App, you may be introduced to a variety of third party vendors and websites. The privacy policies of these third parties are not under our control and may differ from ours. The use of any information that you may provide to any third party, or the use of cookie or web beacon technology by any third party, will be governed by the privacy policy of the operator of the website you are visiting. If you have any doubts about the privacy of the information you are providing on another website, we recommend that you contact that website directly for more information and review its privacy policy.

Security

The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your password, and remember to log out of your account and close your browser window when you have finished using the Website, so that other people using the same computer will not have access to your Personal Information.

Retention

We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.

Amendment of this Policy

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post an appropriate notice on the home page at http://www.localmind.com/privacy. Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you and your account. The date on which the latest update was made is indicated at the bottom of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Services (whether through the Website or the Localmind App) signifies your acceptance of any changes.

Access and Accuracy

You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

Contact Us

You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us by email at: privacy@localmind.com or by filling out a query form on the contact page of the Website: http://www.localmind.com/contact

If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures.

Date: April 19, 2011

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